California Food and Agricultural Code

§ 12648

FAC § 12648 Effective Jan 1, 1998Div. 7 · Ch. 1.5 · Art. 6

Statute text

(a)Notwithstanding any other provision of this code, a site within this state that has been treated with, or a plant, crop, or commodity, whether grown in this state or elsewhere, that has been treated with, or grown on a site treated with, a pesticide that is not registered for use on that plant, crop, commodity, or site is a public nuisance and may be seized by order of the director.

(b)The unlawful treatment described in subdivision (a) creates, in favor of the director, rebuttable presumptions affecting the burden of producing evidence pursuant to Section 604 of the Evidence Code as follows:

(1)That the treated plant, crop, commodity, or site, or any plant, crop, or commodity grown on the treated site, presents a hazard to human health or the environment.

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Legislative history

Amended by Stats. 1997, Ch. 17, Sec. 42. Effective January 1, 1998.